Wrongful Death Claims Following Fatal Pedestrian Accidents in Los Angeles
The sudden loss of a loved one in a fatal pedestrian accident is one of the most devastating experiences a family can endure. Beyond the grief, families are often left with medical bills, funeral expenses, and the financial uncertainty of life without a spouse, parent, or child. In these heartbreaking moments, the law provides a path toward justice through a wrongful death claim in Los Angeles.
These claims allow families to seek compensation for their losses while holding negligent drivers accountable.
Understanding Wrongful Death Claims After Fatal Pedestrian Accidents
California law recognizes the profound harm caused when a person’s life is taken by another’s negligence. A wrongful death claim is a civil lawsuit that allows surviving family members to recover damages from the party responsible for their loved one’s death.
In pedestrian accident cases, wrongful death often arises when a driver fails to yield the right of way, runs a red light, drives distracted, or operates under the influence. Because pedestrians are completely unprotected, these collisions frequently result in catastrophic or fatal injuries.
Wrongful death claims serve two important purposes: compensating surviving family members for their losses and sending a clear message that reckless or negligent behavior will not go unpunished.
Who Can File a Wrongful Death Lawsuit in California?
California’s wrongful death statute limits who may file a claim. Typically, the decedent’s surviving spouse, domestic partner, children, or, in some cases, financially dependent parents may bring the lawsuit. If these family members are not present, other heirs may be eligible under the law.
This legal structure ensures that those most directly affected by the loss can pursue justice. When multiple family members are involved, the court often consolidates claims into a single wrongful death action.
Damages Available in Wrongful Death Claims
The damages in a wrongful death lawsuit are designed to compensate for both the economic and non-economic impact of the loss. Families may recover:
- Funeral and burial expenses
- Medical bills related to the final injury
- Lost income and future earnings the decedent would have provided
- Loss of companionship, guidance, and support
- Emotional suffering caused by the death
Because the damages extend beyond financial hardship, these claims also recognize the deep emotional toll of losing a loved one to negligence.
Survival Actions vs. Wrongful Death Claims
In addition to wrongful death lawsuits, California law allows families to pursue a survival action. A survival action is slightly different: it seeks damages the victim could have claimed had they survived the accident, such as medical expenses or lost wages between the time of the injury and death.
Often, wrongful death and survival actions are filed together. This combination ensures that all potential damages, both the victim’s losses and the family’s losses, are addressed in one legal process.
How Attorneys Prove Liability in Fatal Pedestrian Accidents
Proving fault in a pedestrian fatality is rarely straightforward. Drivers may argue that the pedestrian stepped into traffic suddenly or was crossing outside of a designated crosswalk. Attorneys must carefully investigate to counter these defenses. Evidence often includes:
- Police reports and traffic citations
- Witness statements
- Traffic camera or surveillance footage
- Expert testimony from accident reconstructionists
- Medical records documenting the severity of injuries
An experienced Los Angeles wrongful death attorney can assemble this evidence, build a strong case, and present the truth about what happened. This legal guidance is critical to ensuring families are not blamed for circumstances beyond their control.
Why Wrongful Death Representation Matters
Insurance companies often attempt to minimize payouts in fatal accident cases, arguing over liability or the value of damages. Families already facing grief should not also bear the burden of negotiating with insurers.
Having an attorney allows loved ones to focus on healing while legal professionals handle the complexities of the case. From filing within California’s statute of limitations to negotiating fair settlements or pursuing a trial, wrongful death attorneys protect families at every step.
Contact Kosnett Law Firm
Losing a loved one in a pedestrian accident changes everything. While no amount of compensation can replace what has been lost, pursuing justice through a wrongful death claim can provide financial stability and accountability for negligent drivers.
If your family is ready to take the next step, reach out to us today for a free initial consultation. Kosnett Law Firm is here to listen, guide, and fight for the justice your loved one deserves.
